8:55 Welcome and Introductions
9:00 Exploring the New Stark and Anti-Kickback Landscape: Flexibilities for Providers and Value-Based Care in a Post-COVID Environment
Kelsey U. Jernigan, K&L Gates LLP, Research Triangle Park
Steven G. "Steve" Pine, K&L Gates LLP, Research Triangle Park
While providers navigate a sea of waivers and exceptions related to COVID-19, significant changes to the federal Stark Law, Anti-Kickback Statute and Civil Monetary Penalties Law are shaping provider collaboration and the fraud and abuse landscape for years to come. These long-awaited final rules contain significant accommodations for value-based care models, while modernizing the regulations in an aim to align with the current health care industry. This presentation explores how the health care industry can utilize these accommodations to pursue value-based care in a post-COVID environment.
10:10 Telehealth Opportunities — For Patients, Profits, Personnel, Prosecutions and Penetration‡
Barry S. Herrin, Herrin Health Law PC, Atlanta, GA
Jennifer B. "Jenny" Markham, UNC Healthcare System, Chapel Hill
Allen T. O'Rourke, Robinson Bradshaw & Hinson PA, Charlotte
COVID accelerated the adoption and deployment of remote diagnostic (telehealth) services faster than anyone thought possible. However, the speed of telehealth' adoption also created opportunities for health care fraud and the proliferation of cybercrime throughout the healthcare industry. The panelists discuss how health care providers have operationalized telehealth in their service offerings, continuing challenges in telehealth reimbursement, the growth of telehealth-enabled fraud, the impact of cybercrime on the increased "attack surface" created by telehealth, and adjustments required due to more workplaces being converted to "work from home" and away from traditional office environments.
11:40 Lunch Break
12:10 Managing Health Care Internal Investigations
Pearlynn G. Houck, Robinson Bradshaw & Hinson PA, Charlotte
Jonathan C. Krisko, Robinson Bradshaw & Hinson PA, Charlotte
An effective internal investigation depends upon the expertise and competence of a company's legal counsel and investigation team. Internal investigations have become larger and more complex, particularly in the healthcare industry, which presents unique risks of legal and regulatory pitfalls. The presenters discuss best practices in conducting healthcare-related investigations and the range of issues that may arise including privilege, document retention and preservation, confidentiality, employment-related complexities, and additional issues resulting from the COVID-19 pandemic.
1:50 An Ounce of Prevention: Best Practices for an Effective Compliance Program
R. Ross Burris III, Polsinelli, Atlanta GA
Neal I. Fowler, United States Attorney's Office, Raleigh
Ted Lotchin, WakeMed Health & Hospitals, Raleigh
In an industry that is always evolving, one constant remains: a robust compliance program is the best medicine for protecting against serious regulatory risks and promoting ethical behavior. Panelists discuss best practices for implementing an effective compliance program and review recent guidance from the Department of Justice and the Office of the Inspector General. Dive into a discussion on strategies for developing, implementing, and improving corporate compliance initiatives.
3:00 Health Care Policy: The Winding Road Ahead
Karishma S. Page, K&L Gates LLP, Washington, DC
In the midst of a pandemic, a new president, and many other changes inside the Beltway, including a likely Supreme Court decision on the constitutionality of the Affordable Care Act, health care policymakers have their hands full in 2021. This session discusses what to expect from President Biden's administration, how the pandemic will help shape health policy in 2021 and beyond, the current state of the Affordable Care Act, and other key health policy developments that will undoubtedly have a dramatic effect on the health care industry going forward.
‡ Indicates portion providing Technology Training credit